THIRD SECTION
FINAL DECISION
Application no. 42790/98
by Hatice KAMALI and Others
against Turkey
The European Court of Human Rights (Third Section), sitting on 23 October 2003 as a Chamber composed of:
MrG. Ress, President,
MrI. Cabral Barreto,
MrL. Caflisch,
MrR. Türmen,
MrB. Zupančič,
MrsH.S. Greve,
MrK. Traja, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged with the European Commission of Human Rights on 3 August 1998,
Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,
Having regard to the partial decision of 23 November 1999,
Having regard to the formal declarations accepting a friendly settlement of the case submitted by the applicants and the Government on 9 September 2002 and 15 July 2003 respectively,
Having deliberated, decides as follows:
THE FACTS
The applicants, Hatice Kamalı, Ali Göknur, Mehmet Göknur, Şükrü Demir, Mehmet Hanifi Demir and Medine Göknur, are Turkish nationals They are represented before the Court by Mr A. Akıllıoğlu and Mr A. Aktay, lawyers practising in Ankara.
The facts of the case, as submitted by the parties, may be summarised as follows.
The General Directorate of National Roads and Highways expropriated plots of land belonging to the applicants in İçel in order to build the Tarsus-İçel-Çukurova-İskenderun Motorway. A committee of experts assessed the value of the plots of land belonging to the applicants and these amounts were paid to them when the expropriation took place.
Following the applicants’ requests for increased compensation, the national courts awarded them additional compensation plus an interest at the statutory rate of 30 % per annum. The applicants appealed and the Court of Cassation upheld the decision of the first instance court. In the beginning of 1998 the due amounts were paid to the applicants respectively.
Details are indicated in the table below:
APPLICATION NUMBERS AND NAMES OF THE APPLICANTS
DATE OF TRANSFER OF TITLE DEED TO THE LAND
DATE OF FINAL DECISION BY COURT OF CASSATION AS REGARDS ADDITIONAL COMPENSATION
AMOUNT OF ADDITIONAL COMPENSATION
(interests and legal costs are not included)
(in turkish liras)
DATE OF PAYMENT
1. Hatice KAMALI
21.07.1994
12.06.1995
431.400.000
13.02.1998
2. Ali GÖKNUR
01.07.1992
27.09.1993
21.700.000
18.02.1998
3.Mehmet GÖKNUR
01.07.1992
24.05.1993
22.593.180
18.02.1998
4. Ali GÖKNUR
05.04.1993
14.04.1994
73.380.000
18.02.1998
5. Şükrü DEMİR
Mehmet Hanifi DEMİR
22.10.1992
08.11.1993
46.668.725
18.02.1998
6. Şükrü DEMİR
Mehmet Hanifi DEMİR
22.10.1992
08.11.1993
96.250.000
18.02.1998
7. Medine GÖKNUR
03.11.1992
19.06.1995
19.141.000
18.02.1998
COMPLAINTS
The applicants allege that the rate of interest applied in the calculation of the additional compensation for expropriation was too low. They also complain of the delays in obtaining their compensation. In this regard they invoke Article 1 of Protocol No 1 and Article 6 of the Convention.
THE LAW
Following informal contacts between the applicants’ and the Government’s representatives, the Section Registrar was asked to assist the parties in reaching a solution to the matter. As a result, the Registrar addressed draft declarations to the parties.
The Court received the following declaration from the Government:
“I declare that the Government of Turkey offer to 22,950 (twenty-two thousand nine hundred and fifty) euros to Ms Hatice Kamalı, Mr Ali Göknur, Mr Mehmet Göknur, Mr Şükrü Demir, Mr Mehmet Hanifi Demir and Ms Medine Göknur with a view to securing a friendly settlement of the application registered under no. 42790/98. This sum shall cover any pecuniary and non-pecuniary damage as well as costs and will be divided up as follows:
Ms Hatice Kamalı7,000 EUR
Mr Ali Göknur4,700 EUR
Mr Mehmet Göknur2,000 EUR
Mr Şükrü Demir, Mr Mehmet Hanifi Demir8,750 EUR
Ms Medine Göknur 500 EUR
This sum will be payable within three months from the date of the decision by the Court ... This sum shall be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable. The payment will constitute the final resolution of the case.”
The Court received the following declaration from one of the representatives of the applicants:
“I note that the Government of Turkey are prepared to pay the sum pay 22,950 (twenty-two thousand nine hundred and fifty) euros covering pecuniary and non-pecuniary damage and costs to Ms Hatice Kamalı, Mr Ali Göknur, Mr Mehmet Göknur, Mr Şükrü Demir, Mr Mehmet Hanifi Demir and Ms Medine Göknur with a view to securing a friendly settlement of application no. 42790/98 pending before the Court. This sum will be divided up as follows:
Ms Hatice Kamalı7,000 EUR
Mr Ali Göknur4,700 EUR
Mr Mehmet Göknur2,000 EUR
Mr Şükrü Demir, Mr Mehmet Hanifi Demir8,750 EUR
Ms Medine Göknur 500 EUR
I also note that this sum will be payable within three months from the date of the decision by the Court ... This sum shall be paid in euros to a bank account named by the applicants, free of any taxes and charges that may be applicable.
I accept the proposal and waive any further claims against Turkey in respect of the facts of this application. I declare that this constitutes a final settlement of the case.
This declaration is made in the context of a friendly settlement which the Government and the applicants have reached.”
The Court takes note of the agreement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols and considers that there is no reason which would justify the continuation of the examination of the application (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of the Court).
For these reasons, the Court unanimously
Decides to disjoin the applications;
Decides to strike the application out of its list of cases.
Vincent BergerGeorg Ress
RegistrarPresident
Full & Egal Universal Law Academy